Journal of the House

The House met pursuant to adjournment with Speaker pro tem Mays in the chair.

The roll was called with 123 members present.

Rep. J. Peterson was excused on verified illness.

Rep. Adkins was excused on excused absence by the Speaker.

Prayer by Chaplain Svoboda:

Loving God,

We come here this morning
with all of our joys and sorrows,
our anger and our pleasures,
our frustrations and our humor.
Guide us to let go of those things
that damage us and others
so that we may clearly see
what is best for this state
and have the strength
to stand up for what is good in Your eyes.
We ask these things in Your name.
Amen.
The Pledge of Allegiance was led by Rep. Garner.

REFERENCE OF BILLS AND CONCURRENT RESOLUTIONS
The following bills and resolutions were referred to committees as indicated:

Environment: HCR 5069.

Taxation: HB 2999.

CHANGE OF REFERENCE
Speaker pro tem Mays announced the withdrawal of HB 2864 from Committee on
Appropriations and rereferral to Committee on Local Government.

Also, the withdrawal of HB 2977 from Committee on Appropriations and rereferral to
Committee on Environment.

INTRODUCTION OF ORIGINAL MOTIONS
In accordance with subsection (b) of House Rule 1309, Rep. Showalter moved that HB 2708 be withdrawn from Committee on Insurance and be placed on the calendar as the
first order of business under General Orders.

(The Chief Clerk of the House of Representatives is requested to read this motion and
cause it to be printed in the Calendar of February 23, 2000, under the order of business
``Consideration of Motions and House Resolutions Offered on a Previous Day'' as provided
by House Rule 1309 (b).)

CONSENT CALENDAR
Objection was made to HB 2809 appearing on the Consent Calendar; the bill was placed
on the calendar under the heading of General Orders.

No objection was made to HB 2929 appearing on the Consent Calendar for the first day.

No objection was made to HB 2815 appearing on the Consent Calendar for the second
day.

No objection was made to HB 2767, 2769 appearing on the Consent Calendar for the
third day. The bills were advanced to Final Action on Bills and Concurrent Resolutions.

FINAL ACTION ON BILLS AND CONCURRENT RESOLUTIONS HB 2767, An act transferring control of certain maps from the secretary of human
resources to the state geologist; amending K.S.A. 49-201 and repealing the existing section,
was considered on final action.

On roll call, the vote was: Yeas 122; Nays 0; Present but not voting: 0; Absent or not
voting: 3.

EXPLANATIONS OF VOTE
Mr. Speaker: I vote no on Sub. HB 2605 because changing an organization after 125
years of dedicated service to the citizens of Kansas is not warranted. At no time did we hear
testimony that the Historical Society had violated our trust. The accountability issue was
the principle reason for making this drastic change. The existing Historical Society has
attempted to address this accountability issue and has made changes to answer the concerns.
I agreed to these positive changes and still do. I only want to give the existing organization
the time to implement their changes and allow an additional 125 years of dedicated service
to continue. I vote no.--Vern Osborne, Doug Spangler

Mr. Speaker: Sub. HB 2605 isn't about a lack of trust, it's about accountability. I prefer
to be proactive, rather than re-active. We should not hand millions of taxpayer dollars to
one individual to administer without oversight by those who have been elected to provide
that oversight. I vote yes.--Deena Horst, Kenny A. Wilk

HB 2675, An act amending the uniform consumer credit code; relating to the sale of
manufactured homes; amending K.S.A. 1999 Supp. 16a-2-201 and 16a-2-401 and repealing
the existing sections, was considered on final action.

On roll call, the vote was: Yeas 120; Nays 3; Present but not voting: 0; Absent or not
voting: 2.

EXPLANATION OF VOTE
Mr. Speaker: I vote yes on HB 2753. I realize that open records have become a political
hot button lately and I do believe open records are important for all levels of government.

HB 2753 does close some records of state bank ownership but is a small price to pay to
stop the pirating of the shareholders of our state banks.

Kansas is one of only two states that requires reporting of the names of State Bank
Stockholders and leaves them vulnerable to solicitation and ultimately takeover by out-of-
state big business. I vote yes on HB 2753.--Joe Humerickhouse, Deena Horst

HB 2817, An act concerning animals; relating to the disposition of animals from an animal
shelter; relating to spaying or neutering; amending K.S.A. 1999 Supp. 47-1710 and 47-1731
and repealing the existing sections, was considered on final action.

On roll call, the vote was: Yeas 86; Nays 37; Present but not voting: 0; Absent or not
voting: 2.

On motion of Rep. Glasscock, the House went into Committee of the Whole, with Rep.
Phill Kline in the chair.

COMMITTEE OF THE WHOLE
On motion of Rep. Phill Kline, Committee of the Whole report, as follows, was adopted:

Recommended that HB 2775, 2745, 2646, 2861, 2985 be passed.

Committee report to HB 2805 be adopted; also, roll call was demanded on motion of
Rep. Crow to amend, on page 1, in line 14, before ``Section'' by inserting ``New''; after line
35, by inserting the following:

``Sec. 2. K.S.A. 1999 Supp. 21-4704 is hereby amended to read as follows: 21-4704. (a)
For purposes of sentencing, the following sentencing guidelines grid for nondrug crimes
shall be applied in felony cases for crimes committed on or after July 1, 1993:

(b) The provisions of this section shall be applicable to the sentencing guidelines grid
for nondrug crimes. Sentences expressed in such grid represent months of imprisonment.

(c) The sentencing guidelines grid is a two-dimensional crime severity and criminal
history classification tool. The grid's vertical axis is the crime severity scale which classifies
current crimes of conviction. The grid's horizontal axis is the criminal history scale which
classifies criminal histories.

(d) The sentencing guidelines grid for nondrug crimes as provided in this section defines
presumptive punishments for felony convictions, subject to judicial discretion to deviate for
substantial and compelling reasons and impose a different sentence in recognition of
aggravating and mitigating factors as provided in this act. The appropriate punishment for
a felony conviction should depend on the severity of the crime of conviction when compared
to all other crimes and the offender's criminal history.

(e) (1) The sentencing court has discretion to sentence at any place within the
sentencing range. The sentencing judge shall select the center of the range in the usual case
and reserve the upper and lower limits for aggravating and mitigating factors insufficient to
warrant a departure.

(2) In presumptive imprisonment cases, the sentencing court shall pronounce the
complete sentence which shall include the prison sentence, the maximum potential
reduction to such sentence as a result of good time and the period of postrelease supervision
at the sentencing hearing. Failure to pronounce the period of postrelease supervision shall
not negate the existence of such period of postrelease supervision.

(3) In presumptive nonprison cases, the sentencing court shall pronounce the prison
sentence as well as the duration of the nonprison sanction at the sentencing hearing.

(f) Each grid block states the presumptive sentencing range for an offender whose crime
of conviction and criminal history place such offender in that grid block. If an offense is
classified in a grid block below the dispositional line, the presumptive disposition shall be
nonimprisonment. If an offense is classified in a grid block above the dispositional line, the
presumptive disposition shall be imprisonment. If an offense is classified in grid blocks 5-
H, 5-I or 6-G, the court may impose an optional nonprison sentence upon making the
following findings on the record:

(1) An appropriate treatment program exists which is likely to be more effective than
the presumptive prison term in reducing the risk of offender recidivism; and

(2) the recommended treatment program is available and the offender can be admitted
to such program within a reasonable period of time; or

(3) the nonprison sanction will serve community safety interests by promoting offender
reformation.

Any decision made by the court regarding the imposition of an optional nonprison
sentence if the offense is classified in grid blocks 5-H, 5-I or 6-G shall not be considered a
departure and shall not be subject to appeal.

(g) The sentence for the violation of K.S.A. 21-3411, and amendments thereto,
aggravated assault against a law enforcement officer or K.S.A. 21-3415, and amendmentsthereto, aggravated battery against a law enforcement officer and amendments thereto which
places the defendant's sentence in grid block 6-H or 6-I shall be presumed imprisonment.
The court may impose an optional nonprison sentence upon making a finding on the record
that the nonprison sanction will serve community safety interests by promoting offender
reformation. Any decision made by the court regarding the imposition of the optional
nonprison sentence, if the offense is classified in grid block 6-H or 6-I, shall not be
considered departure and shall not be subject to appeal.

(h) When a firearm is used to commit any person felony, the offender's sentence shall
be presumed imprisonment. The court may impose an optional nonprison sentence upon
making a finding on the record that the nonprison sanction will serve community safety
interests by promoting offender reformation. Any decision made by the court regarding the
imposition of the optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal.

(i) The sentence for the violation of the felony provision of K.S.A. 8-1567 and subsection(c)(3) of K.S.A. 21-3412 and amendments thereto shall be as provided by the specific
mandatory sentencing requirements of that section and shall not be subject to the provisions
of this section or K.S.A. 21-4707 and amendments thereto. Notwithstanding the provisions
of any other section, the term of imprisonment imposed for the violation of the felony
provision of K.S.A. 8-1567 and subsection (c)(3) of K.S.A. 21-3412 and amendments thereto
shall not be served in a state facility in the custody of the secretary of corrections.

(j) The sentence for any persistent sex offender whose current convicted crime carries
a presumptive term of imprisonment shall be double the maximum duration of the
presumptive imprisonment term. The sentence for any persistent sex offender whose current
conviction carries a presumptive nonprison term shall be presumed imprisonment and shall
be double the maximum duration of the presumptive imprisonment term. Except as
otherwise provided in this subsection, as used in this subsection, ``persistent sex offender''
means a person who: (1) Has been convicted in this state of a sexually violent crime, as
defined in K.S.A. 22-3717 and amendments thereto; and (2) at the time of the conviction
under subsection (1) has at least one conviction for a sexually violent crime, as defined in
K.S.A. 22-3717 and amendments thereto in this state or comparable felony under the laws
of another state, the federal government or a foreign government. The provisions of this
subsection shall not apply to any person whose current convicted crime is a severity level 1
or 2 felony.

(k) If it is shown at sentencing that the offender committed any felony violation for the
benefit of, at the direction of, or in association with any criminal street gang, with the specific
intent to promote, further or assist in any criminal conduct by gang members, the offender's
sentence shall be presumed imprisonment. Any decision made by the court regarding the
imposition of the optional nonprison sentence shall not be considered a departure and shall
not be subject to appeal. As used in this subsection, ``criminal street gang'' means any
organization, association or group of three or more persons, whether formal or informal,
having as one of its primary activities the commission of one or more person felonies or
felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and
amendments thereto, which has a common name or common identifying sign or symbol,
whose members, individually or collectively engage in or have engaged in the commission,
attempted commission, conspiracy to commit or solicitation of two or more person felonies
or felony violations of the uniform controlled substances act, K.S.A. 65-4101 et seq., and
amendments thereto, or any substantially similar offense from another jurisdiction.

(l) The sentence for a violation of subsection (a) of K.S.A. 21-3715 and amendments
thereto when such person being sentenced has a prior conviction for a violation of subsection
(a) or (b) of K.S.A. 21-3715 or 21-3716 and amendments thereto shall be presumed
imprisonment.
Sec. 3. K.S.A. 1999 Supp. 21-4704 is hereby repealed.'';
And renumber remaining section accordingly;

On page 1, in the title, in line 11, before the ``period'' by inserting ``; relating to domestic
battery; amending K.S.A. 1999 Supp. 21-4704 and repealing the existing section'';

On roll call, the vote was: Yeas 108; Nays 10; Present but not voting: 0; Absent or not
voting: 7.

Committee report to HB 2673 be adopted; and the bill be passed as amended.

Committee report to HB 2768 be adopted; and the bill be passed as amended.

Sub. HB 2642 be passed over and retain a place on the calendar.

Committee report to HB 2328 be adopted; also, on motion of Rep. Benlon be amended,
on page 4, in line 35, before the period, by inserting ``by personal delivery, mail, facsimile
or as otherwise provided by law'';

Also, on motion of Rep. Johnston to amend HB 2328, the motion did not prevail, and
the bill be passed as amended.

REPORTS OF STANDING COMMITTEES
The Committee on Business, Commerce and Labor recommends HB 2580 be
amended on page 2, in line 22, by striking all after ``within'' and inserting ``five seconds of
the beginning of the call when the telephone solicitor's service or equipment is able to
provide a live operator or an automated dialing-announcing device within five seconds of
the beginning of the call.''; and the bill be passed as amended.

The Committee on Business, Commerce and Labor recommends HB 2938 be
amended on page 2, in line 6, by striking ``accountants'' and inserting ``accounts''; in line 14,
by striking all after ``acts''; by striking line 15; in line 16, by striking all before the period;

On page 6, in line 32, after ``accountant'', by inserting a quotation mark;

On page 8, in line 18, after ``(10)'', by inserting ``for''; also in line 18, by striking
``reinstration'' and inserting ``registration''; in line 32, by striking ``examination'';

On page 11, in line 18, by striking all after ``current'' in line 22, before the comma by
inserting ``or''; in line 29, after ``of'', by inserting ``certified'';

On page 13, in line 1, by striking ``professional''; and the bill be passed as amended.

The Committee on Education recommends HB 2631 be amended on page 2, in line
27, by striking ``2,194'' and inserting ``2,994''; and the bill be passed as amended.

The Committee on Education recommends HB 2810 be amended on page 4, in line
11, by striking all after the comma; by striking all of line 12; in line 13, by striking all before
``Salvation''; also in line 13, before ``St.'', by inserting ``the Clarence M. Kelley Youth
Center,''; in line 34, by striking ``the Parkview''; by striking all of line 35; in line 36, by
striking all before ``Salvation''; in line 37, after ``Services,'', by inserting ``the Clarence M.
Kelley Youth Center,'';

On page 6, in line 9, by striking all after the comma; by striking all of line 10; in line 11,
by striking all before ``Salvation''; also in line 11, before ``St.'', by inserting ``the Clarence
M. Kelley Youth Center,''; and the bill be passed as amended.

The Committee on Federal and State Affairs recommends HB 2868 be not passed.

The Committee on Federal and State Affairs recommends HB 2550 be amended on
page 1, in line 40, following ``ordinances'' by inserting ``or resolutions'';

On page 2, in line 5, following ``ordinances'' by inserting ``or resolutions''; in line 15,
following ``ordinance'' by inserting ``or resolution''; in line 17, by striking ``new ordinance
or''; in line 18, by striking all preceding the period and inserting ``new ordinance or resolution
or to an amendment to an existing ordinance or resolution''; in line 21, following ``ordinance''
by inserting ``or resolution'';

On page 3, by striking all in lines 1 through 6;

By renumbering the remaining section accordingly; and the bill be passed as amended.

The Committee on Federal and State Affairs recommends HB 2687 be amended on
page 3, in line 13, by striking ``this section and section 5,''; in line 14, by striking ``and
amendments thereto'' and inserting ``subsection (b)''; in line 24, by striking ``Nothing'' and
inserting ``Except as provided by section 5, and amendments thereto, nothing'';

On page 8, in line 24, following ``licensee'' by inserting ``or anyone on behalf of any such
licensee or firm, whether licensed in this state or in another state''; and the bill be passed
as amended.

The Committee on Governmental Organization and Elections recommends HB 2750 be passed.

The Committee on Governmental Organization and Elections recommends HB 2346 be amended on page 1, in line 20, by striking ``1998'' and inserting ``1999'';

On page 4, by striking all in lines 37 through 41 and inserting:

``New Sec. 3. (a) The restrictions in subsection (b) shall apply to political committees
having as a major purpose to expressly advocate the nomination, election or defeat of any
clearly identified candidate for the legislature or to make contributions or expenditures for
the nomination, election or defeat of any clearly identified candidate for the legislature.

(b) A member of the legislature, a member-elect of the legislature and a candidate for
election to the legislature shall not serve as an officer or director of a political committee.'';

Also on page 4, in line 42, by striking ``1998'' and inserting ``1999'';

In the title, in line 10, by striking ``1998'' and inserting ``1999''; and the bill be passed as
amended.

The Committee on Health and Human Services recommends HB 2759, 2932 be
passed.

The Committee on Health and Human Services recommends HB 2169 be amended
by substituting a new bill to be designated as ``Substitute for HOUSE BILL NO. 2169,'' as
follows:

The Committee on Judiciary recommends HB 2683 be amended by substituting a new
bill to be designated as ``Substitute for HOUSE BILL NO. 2683,'' as follows:

``Substitute for HOUSE BILL NO. 2683

By Committee on Judiciary

``AN ACT concerning the collection and reporting of statistics relating to race, ethnicity
and gender for law enforcement activities.'';

and the substitute bill be passed.

(Sub. HB 2683 was thereupon introduced and read by title.)

The Committee on Judiciary recommends HB 2894 be amended on page 2, in line 41,
by striking ``professional''; in line 43, by striking ``privates'' and inserting ``private''; and the
bill be passed as amended.

The Committee on Transportation recommends HB 2884 be amended on page 3, in
line 29, by striking all following ``means''; in line 30, by striking ``(1) Every'' and inserting
``every''; in line 33, by striking ``(A)'' and inserting ``(1)''; in line 34, by striking ``(B)'' and
inserting ``(2)''; in line 35, by striking ``(C)'' and inserting ``(3)''; in line 36, by striking ``(D)''
and inserting ``(4)''; in line 37, by striking all following ``hour''; in line 38, by striking all
preceding the period;

On page 4, by striking all in lines 30 through 36 and inserting the following:

``Sec. 1. K.S.A. 1999 Supp. 8-235 is hereby amended to read as follows: 8-235. (a) No
person, except those expressly exempted, shall drive any motor vehicle upon a highway in
this state unless such person has a valid driver's license. No person shall receive a driver's
license unless and until such person surrenders or with the approval of the division, lists to
the division all valid licenses in such person's possession issued to such person by any other
jurisdiction. All surrendered licenses or the information listed on foreign licenses shall be
returned by the division to the issuing department, together with information that the
licensee is now licensed in a new jurisdiction. No person shall be permitted to have more
than one valid license at any time.

(b) Any person licensed under the motor vehicle drivers' license act may exercise the
privilege granted upon all streets and highways in this state and shall not be required to
obtain any other license to exercise such privilege by any local authority. Nothing herein
shall prevent cities from requiring licenses of persons who drive taxicabs or municipally
franchised transit systems for hire upon city streets, to protect the public from drivers whose
character or habits make them unfit to transport the public. If a license is denied, the
applicant may appeal such decision to the district court of the county in which such city is
located by filing within 10 days after such denial, a notice of appeal with the clerk of the
district court and by filing a copy of such notice with the city clerk of the involved city. The
city clerk shall certify a copy of such decision of the city governing body to the clerk of the
district court and the matter shall be docketed as any other cause and the applicant shall
be granted a trial of such person's character and habits. The matter shall be heard by the
court de novo in accordance with the code of civil procedure. The cost of such appeal shall
be assessed in such manner as the court may direct.

(c) Any person operating in this state a motor vehicle, except a motorcycle, which is
registered in this state other than under a temporary thirty-day permit shall be the holder
of a driver's license which is classified for the operation of such motor vehicle, and any
person operating in this state a motorcycle which is registered in this state shall be the
holder of a class M driver's license, except that any person operating in this state a
motorcycle which is registered under a temporary thirty-day permit shall be the holder of
a driver's license for any class of motor vehicles.

(d) No person shall drive any motorized bicycle upon a highway of this state unless: (1)
Such person has a valid driver's license which entitles the licensee to drive a motor vehicle
in any class or classes; or (2) such person is at least 15 years of age and has passed the
written and visual examinations required for obtaining a class C driver's license, in which
case the division shall issue to such person a class C license which clearly indicates such
license is valid only for the operation of motorized bicycles; or (3) such person has had theirdriving privileges suspended and has made application to the division for the issuance of aclass C license for the operation of motorized bicycles, in accordance with paragraph (2), inwhich case the division shall issue to such person a class C license which clearly indicatessuch license is valid only for the operation of motorized bicycles.

(e) Violation of this section shall constitute a class B misdemeanor.

Sec. 2. K.S.A. 1999 Supp. 8-293 is hereby amended to read as follows: 8-293. Exceptas provided in paragraph (3) of subsection (d) of K.S.A. 8-235, and amendments thereto, no
licensee shall be issued a new or replacement driver's license if: (a) The license has been
surrendered pursuant to K.S.A. 8-1001, and amendments thereto; (b) the licensee has been
issued a temporary license; or (c) a suspension, revocation or cancellation order has been
stayed by a court or by the division of vehicles.

Sec. 3. K.S.A. 8-1439 is hereby amended to read as follows: 8-1439. ''Motor-driven
cycle`` means every motorcycle, including every motor scooter, with a motor which produces
not to exceed five (5) brake horsepower, and every bicycle with motor attached, except a
motorized bicycle or a low power cyclean electric-assisted bicycle.'';

By renumbering sections accordingly;

Also on page 4, in line 38, by striking ``: (a) Every'' and inserting ``every''; in line 41, by
striking ``(1)'' and inserting ``(a)''; in line 42, by striking ``(2)'' and inserting ``(b)''; in line 43,
by striking ``(3)'' and inserting ``(c)'';

On page 5, in line 1, by striking ``(4)'' and inserting ``(d)''; in line 2, by striking all following
``cycle''; in line 3, by striking all preceding the period; following line 9, by inserting the
following:

``Sec. 4. K.S.A. 8-1592b is hereby amended to read as follows: 8-1592b. Vehicle
registration and driver's license shall not be required for operation of a low power cycleanelectric-assisted bicycle. Traffic regulations applicable to bicycles shall apply to low powercycleselectric-assisted bicycles, except tricycles with no brake horsepower.'';

By renumbering sections accordingly;

Also on page 5, in line 10, by striking ``8-1439a'' and inserting ``8-1439, 8-1439a, 8-1439b
and 8-1592b''; also in line 10, following ``8-126'' by inserting ``, 8-235, 8-293'';

In the title, in line 10, by striking ``8-1439a'' and inserting ``8-1439, 8-1439a and 8-1592b'';
also in line 10, following ``8-126'' by inserting ``, 8-235, 8-293''; in line 11, preceding the
period, by inserting ``; also repealing K.S.A. 8-1439b''; and the bill be passed as amended.

Upon unanimous consent, the House referred back to the regular order of business,
Introduction of Bills and Concurrent Resolutions.

INTRODUCTION OF BILLS AND CONCURRENT RESOLUTIONS
The following bills were thereupon introduced and read by title:

HB 3000, An act concerning the ombudsman of corrections; relating to juvenile
offenders; amending K.S.A. 74-7403, 74-7404, 74-7405a and 74-7406 and repealing the
existing sections, by Committee on Appropriations.